Eastern District of New York • 1:26-cv-06081

#1

Oct 01, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20698547, filed by J.S.R.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) (Sheth, Nina) (Entered: 10/01/2026)

#2

Oct 01, 2026

MOTION to Seal Proceed Under Pseudonym by J.S.R.. (Attachments: # 1 Proposed Order Proposed Order) (Sheth, Nina) (Entered: 10/01/2026)

#3

Oct 01, 2026

NOTICE of Appearance by Alexandra Lynn Lampert on behalf of J.S.R. (aty to be noticed) (Lampert, Alexandra) (Entered: 10/01/2026)

#4

Oct 01, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 10/01/2026)

#5

Oct 01, 2026

MOTION to Amend/Correct/Supplement 2 MOTION to Seal Proceed Under Pseudonym Corrected Proposed Order by J.S.R.. (Sheth, Nina) (Entered: 10/01/2026)

Oct 01, 2026

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM)

Oct 01, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re 1 Petition for Writ of Habeas Corpus, filed by the petitioner. The United States Attorney, as attorney for the respondents, is directed to show cause by 5:00 p.m. on October 6, 2026, in writing, why the petition should not be granted, and why the respondents should not be ordered to release the petitioner immediately from detention. In its response, the government should explain the statutory authority for its detention of the petitioner, and, if applicable, whether the petition is controlled by the Second Circuit's opinion in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026) and this Court's opinions in Escalona v. Warden, No. 26-CV-3920, 2026 WL 2018505 (E.D.N.Y. July 13, 2026), and Diosa v. Warden, No. 26-CV-4068, 2026 WL 2056253 (E.D.N.Y. July 16, 2026). If so, the government may waive its rights to a response and submit a letter or otherwise consent to the petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, it must serve a copy of the response on the petitioner, with proof of service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in the petitioner's immigration file, including Form I-213 (Record of Deportable/Inadmissible Alien), as well as any underlying records that the petitioner has not filed and upon which the government relies. The government must also advise the Court whether any property was seized from the petitioner when he was arrested, and file any records associated with the seizure of property.If the government files a response, the petitioner may file a reply by 5:00 p.m. on October 8, 2026, with proof of service to the Clerk of Court.To preserve the Court's jurisdiction pending a final ruling on the 1 petition, the petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-CV-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of the petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, the petitioner shall not be transferred to a facility outside of this District. See Samb v. Joyce, No. 25-CV-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025) (collecting cases in support of enjoining transfer of petitioner outside of New York City area).Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney.Ordered by Judge Ann M. Donnelly on 10/1/2026. (RS)

Oct 01, 2026

Case Assigned to Judge Ann M. Donnelly. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SDM)

Oct 01, 2026

Case Assigned/Reassigned

Oct 01, 2026

Quality Control Check - Summons

Oct 01, 2026

Order to Show Cause (463)

#6

Oct 06, 2026

Consent MOTION for Extension of Time to File Response to the Court's Order to Show Cause by Todd Blanche, Robert Brown, Kenneth Genalo, Markwayne Mullin, David J. Venturella. (Stannard, Geoffrey) (Entered: 10/06/2026)

Oct 06, 2026

Order on Motion for Extension of Time to File

Oct 06, 2026

ORDER granting 6 Motion for Extension of Time to File. The government's deadline to respond to the Order to Show Cause is October 7, 2026, and the petitioner's deadline to reply is October 9, 2026. Ordered by Judge Ann M. Donnelly on 10/6/2026. (RS)

#8

Oct 07, 2026

Second MOTION for Extension of Time to File Response to the Court's Order to Show Cause by Todd Blanche, Robert Brown, Kenneth Genalo, Markwayne Mullin, David J. Venturella. (Stannard, Geoffrey) (Entered: 10/07/2026)

#9

Oct 08, 2026

Letter Response to Respondents Motion for Extension of Time by J.S.R. (Sheth, Nina) (Entered: 10/08/2026)

#10

Oct 08, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Todd Blanche, Robert Brown, Kenneth Genalo, Markwayne Mullin, David J. Venturella (Attachments: # 1 Nevin Declaration, # 2 Ex. A, # 3 Ex. B, # 4 Ex. C, # 5 Ex. D, # 6 Ex. E, # 7 Ex. F) (Stannard, Geoffrey) (Entered: 10/08/2026)

Oct 08, 2026

ORDER granting 1 the petition for a writ of habeas corpus. For the reasons explained in Diosa v. Warden, No. 26-CV-4068, 2026 WL 2056253 (E.D.N.Y. July 16, 2026), the Court concludes that Section 1225 does not apply to a noncitizen like the petitioner, who has been living in the United States after arrest and release, and that his detention can only be authorized if the government complied with Section 1226(a). Because the record demonstrates that the government made no individualized determination to justify detaining the petitioner, the detention violates Section 1226(a) and the Due Process Clause of the Fifth Amendment. The government concedes that if the Court adheres to the reasoning in Diosa, the petition should be granted. Accordingly, the petition for a writ of habeas corpus under 28 U.S.C. § 2241 is granted. The government is directed to release the petitioner from custody immediately and within 24 hours of this Order. The government is further directed to return to the petitioner any and all funds or property seized from the petitioner at the time of arrest. The petitioner is entitled to "restoration of the status quo ante." Blandon v. Maldonado, No. 26-CV-1669, 2026 WL 790910, at *6 (E.D.N.Y. Mar. 21, 2026) (citation modified). Therefore, the government must release the petitioner "without any release conditions, including but not limited to any electronic monitoring, such as GPS monitoring." Id.; see also Menjivar Giron v. Genalo, No. 26-CV-01714, 2026 WL 809965, at *6 (E.D.N.Y. Mar. 24, 2026).The government is further directed to serve a copy of this Order on the petitioner prior to or upon releasing him from ICE custody, and to submit a letter to the Court certifying compliance with this Order within 48 hours of this Order.The Court further orders that the petitioner must not be re-detained without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, where the government will have the burden of showing that his detention is authorized. The Clerk of Court is respectfully directed to enter judgment consistent with the Order and close the case.Ordered by Judge Ann M. Donnelly on 10/8/2026. (RS)

Oct 08, 2026

Order(Other)

Oct 08, 2026

ORDER granting in part 8 the government's second request for an extension of time to respond to the Court's Order to Show Cause. The government is directed to respond by 5:00 p.m. on October 8, 2026. The petitioner's deadline to reply is 5:00 p.m. on October 13, 2026. Ordered by Judge Ann M. Donnelly on 10/8/2026. (RS)

Oct 08, 2026

Order on Motion for Extension of Time to File

#11

Oct 09, 2026

Letter reporting release by Todd Blanche, Robert Brown, Kenneth Genalo, Markwayne Mullin, David J. Venturella (Stannard, Geoffrey) (Entered: 10/09/2026)

#12

Oct 13, 2026

CLERK'S JUDGMENT: that the petition for a writ of habeas corpus under 28 U.S.C. § 2241 is granted; the government is directed to release the petitioner from custody immediately and within 24 hours of this Order; the government is further directed to return to the petitioner any and all funds or property seized from the petitioner at the time of arrest; and the petitioner must not be re-detained without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, where the government will have the burden of showing that his detention is authorized. Signed by Judge Ann M. Donnelly and Clerk of Court, Brenna B. Mahoney, on 10/9/2026. (JP) (Entered: 10/13/2026)